Senate File 2217 - Introduced
SENATE FILE
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO SF 2095)
A BILL FOR
1 An Act relating to the definition of child abuse and to
2 mandatory reporting training to recognize and report
3 incidents of human trafficking involving minors, and making
4 penalties applicable.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 232.68, subsection 2, paragraph a, Code
1 2 2016, is amended by adding the following new subparagraph:
1 3 NEW SUBPARAGRAPH. (11) The acts or omissions of a
1 4 person responsible for the care of a child which allow,
1 5 permit, encourage, or require the recruitment, harboring,
1 6 transportation, provision, obtaining, patronizing, or
1 7 soliciting of the child for the purpose of commercial sexual
1 8 activity or forced labor or service as defined in section
1 9 710A.1.
1 10 Sec. 2. Section 232.69, subsection 1, unnumbered paragraph
1 11 1, Code 2016, is amended to read as follows:
1 12 The classes of persons enumerated in this subsection shall
1 13 make a report within twenty=four hours and as provided in
1 14 section 232.70, of cases of child abuse. In addition, the
1 15 classes of persons enumerated in this subsection shall make a
1 16 report of abuse of a child who is under twelve years of age
1 17 and may make a report of abuse of a child who is twelve years
1 18 of age or older, which would be defined as child abuse under
1 19 section 232.68, subsection 2, paragraph "a", subparagraph (3),
1 20 or (5), or (11), except that the abuse resulted from the acts
1 21 or omissions of a person other than a person responsible for
1 22 the care of the child.
1 23 Sec. 3. Section 232.69, Code 2016, is amended by adding the
1 24 following new subsection:
1 25 NEW SUBSECTION. 4. The department of public health, in
1 26 cooperation with the crime victim assistance division of the
1 27 department of justice, the Iowa law enforcement academy,
1 28 the department of public safety, the attorney general's
1 29 office, and any other federal, state, and local governmental
1 30 agencies and nongovernmental or community organizations with
1 31 expertise in human trafficking including commercial sexual
1 32 activity or forced labor or service involving children,
1 33 shall develop training standards on the subject of human
1 34 trafficking involving children to include curricula on
1 35 recognizing human trafficking victims, culturally sensitive and
2 1 age=appropriate methods for approaching and dealing effectively
2 2 and appropriately with trafficking victims and minors who
2 3 are victims or who are impacted by human trafficking, and
2 4 identifying the appropriate authorities to report potential
2 5 cases of human trafficking. Mandatory reporter training
2 6 required under this section shall at a minimum meet the
2 7 standards developed under this subsection.
2 8 Sec. 4. Section 232.70, subsection 8, Code 2016, is amended
2 9 to read as follows:
2 10 8. If a report would be determined to constitute an
2 11 allegation of child abuse as defined under section 232.68,
2 12 subsection 2, paragraph "a", subparagraph (3), or (5), or
2 13 (11), except that the suspected abuse resulted from the acts
2 14 or omissions of a person other than a person responsible for
2 15 the care of the child, the department shall refer the report
2 16 to the appropriate law enforcement agency having jurisdiction
2 17 to investigate the allegation. The department shall refer the
2 18 report orally as soon as practicable and in writing within
2 19 seventy=two hours of receiving the report.
2 20 Sec. 5. Section 232.71B, subsection 1, paragraph a,
2 21 subparagraph (1), Code 2016, is amended to read as follows:
2 22 (1) Upon acceptance of a report of child abuse, the
2 23 department shall commence a child abuse assessment when the
2 24 report alleges child abuse as defined in section 232.68,
2 25 subsection 2, paragraph "a", subparagraphs (1) through (3) and
2 26 subparagraphs (5) through (10) (11), or which alleges child
2 27 abuse as defined in section 232.68, subsection 2, paragraph "a",
2 28 subparagraph (4), that also alleges imminent danger, death, or
2 29 injury to a child.
2 30 Sec. 6. Section 235A.18, subsection 1, paragraph b, Code
2 31 2016, is amended to read as follows:
2 32 b. Data sealed in accordance with this section shall be
2 33 expunged eight years after the date the data was sealed.
2 34 However, if the report data and the disposition data involve
2 35 child abuse as defined in section 232.68, subsection 2,
3 1 paragraph "a", subparagraph (3), or (5), or (11), the data
3 2 shall not be expunged for a period of thirty years. Sealed
3 3 data shall be made available to the department of justice upon
3 4 request if the prosecutor's review committee is reviewing
3 5 records or if a prosecuting attorney has filed a petition to
3 6 commit a sexually violent predator under chapter 229A.
3 7 Sec. 7. Section 280.17, subsection 1, Code 2016, is amended
3 8 to read as follows:
3 9 1. The board of directors of a school district and the
3 10 authorities in charge of a nonpublic school shall prescribe
3 11 procedures, in accordance with the guidelines contained in
3 12 the model policy developed by the department of education in
3 13 consultation with the department of human services, and adopted
3 14 by the department of education pursuant to chapter 17A, for
3 15 the handling of reports of child abuse, as defined in section
3 16 232.68, subsection 2, paragraph "a", subparagraph (1), (3), or
3 17 (5), or (11), alleged to have been committed by an employee or
3 18 agent of the public or nonpublic school.
3 19 EXPLANATION
3 20 The inclusion of this explanation does not constitute agreement with
3 21 the explanation's substance by the members of the general assembly.
3 22 This bill adds to the definition of "child abuse" under Code
3 23 chapter 232 provisions relating to human trafficking, modifies
3 24 related requirements for mandatory reporters of child abuse and
3 25 mandatory reporter training, and makes penalties applicable.
3 26 To the definition of "child abuse" or "abuse", the bill
3 27 adds "the acts or omissions of a person responsible for the
3 28 care of a child which allow, permit, encourage, or require the
3 29 recruitment, harboring, transportation, provision, obtaining,
3 30 patronizing, or soliciting of the child for the purpose of
3 31 commercial sexual activity or forced labor or service" as
3 32 defined in Code section 710A.1.
3 33 Under Code section 710A.1, "forced labor or services" means
3 34 labor or services that are performed or provided by another
3 35 person and that are obtained or maintained through causing or
4 1 threatening to cause serious physical injury to any person,
4 2 physically restraining or threatening to physically restrain
4 3 another person, abusing or threatening to abuse the law or
4 4 legal process, or knowingly destroying, concealing, removing,
4 5 confiscating, or possessing any actual or purported passport or
4 6 other immigration document, or any other actual or purported
4 7 government identification document, of another person.
4 8 "Commercial sexual activity" means any sex act or sexually
4 9 explicit performance for which anything of value is given,
4 10 promised to, or received by any person and includes, but is not
4 11 limited to, prostitution, participation in the production of
4 12 pornography, and performance in strip clubs.
4 13 With this change in the definition, the classes of persons
4 14 required to make a report of child abuse must also make a
4 15 report of suspected forced labor or services and suspected
4 16 commercial sexual activity involving a child and complete
4 17 training relating to the identification and reporting of such
4 18 child abuse.
4 19 The department of public health is directed to develop
4 20 training standards on the subject of human trafficking
4 21 involving children to include curricula on recognizing
4 22 human trafficking victims, culturally sensitive and
4 23 age=appropriate methods for approaching and dealing effectively
4 24 and appropriately with trafficking victims and minors who
4 25 are victims or who are impacted by human trafficking, and
4 26 identifying the appropriate authorities to report potential
4 27 cases of human trafficking. The standards must be developed in
4 28 cooperation with the crime victim assistance division of the
4 29 department of justice, the Iowa law enforcement academy, the
4 30 department of public safety, the attorney general's office, and
4 31 any other federal, state, and local governmental agencies and
4 32 nongovernmental or community organizations with expertise in
4 33 human trafficking.
4 34 The bill makes conforming changes, including provisions
4 35 relating to commencing child abuse assessments, expunging data
5 1 under certain conditions, and the procedures school districts
5 2 and accredited nonpublic schools must use in handling child
5 3 abuse reports.
5 4 The civil and criminal sanctions of Code section 232.75
5 5 apply to a person who fails to report a suspected case of
5 6 child abuse or knowingly reports false information. If the
5 7 department of human services issues a finding that the alleged
5 8 child abuse meets the definition of child abuse, the child
5 9 abuse central registry provisions of Code chapters 232 and 235A
5 10 apply.
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